State of Bihar vs Brahmaputra Infrastructure Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 666

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN, UDAY UMESH LALIT
State of Bihar – Appellant
Versus
Brahmaputra Infrastructure Limited – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Naman Nagrath, Harsh Parashar, Zubin Prasad, Aman Pandey, Prateek Khandelwal, Shadan Farasat, Arjun Garg, Rajeev Dhawan, Prashant Kumar, Saurabh Suman Sinha, Aditya Dev T, (M/s. AP & J Chambers), Ms. Meenakshi Arora, Rahul Narayan, Shashwat G, Naman Nagrath, Ms. Renuka Sahu, Jasdeep Singh Dhillon, Jay Savla, Parag P. Tripathi, Sridhar Potaraju, Sudhir Mishra, Prabhat Kumar, Petal Chandhok, Udai Khanna, Rishabh Kapur, Priyash Sharma, Ms. Vibha Datta Makhija, Ms. Abha R. Sharma, Ms. Disha Vaish, D.S. Parmar, Ms. Sujeeta Srivastava, Harsh Parashar, Naman Nagrath, Varun Amar, Shantanu Krishna, Sanjay R. Hegde, Azim H. Laskar, Sachin Das, Chandra Bhushan Prasad
For the Respondent: Shivam Singh, Apoorva Srivastava, Ms. Sugandha Batra, Ranjan Kumar Pandey, Chandan Kumar, Arjun Garg, Jay Savla, Ms. Renuka Sahu, Jasdeep Singh Dhillon, Prabhat Chaurasia, Ms. Hemantika Wahi, Preetesh Kapoor, Ms. Vishakha, K. Krishna Kumar, Purushaindra Kaurav, Mishra Saurabh, Ms. Swarupama Chaturvedi, Ms. Anuradha Mishra, Ankit Lal, Varun Mohan, Ankit Kr. Lal, Ravin Dubey, Sudhansu Pal, Nilava Bandhopadhaya, Prateek Khanna

ORDER :

1. Leave granted. We have heard learned counsel for the parties.

2. The State is aggrieved by the appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Central Act) on the ground that the said Act is excluded by the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 (Bihar Act 21 of 2008) (the State Act).

3. To appreciate the plea raised, it is necessary to refer to the scheme of the State Act as reflected in some of the key provisions. Sections 8, 9 and 22 of the State Act are as follows:

"8. Act to be in addition to Arbitration & Conciliation Act, 1996. - Notwithstanding anything contained in this Act, and of the provisions shall be in addition to and supplemental to Arbitration & Conciliation Act, 1996 and in case any of the provision contained herein is construed to be in conflict with Arbitration Act, then the latter Act shall prevail to the extent of conflict.
9. Reference to Tribunal and making of award.-- (1) Where any dispute arises between the parties to the contract, either party shall, irrespective of whether such contract contains an arbitration clause refer, within one year from the date on which the dispute has a

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2018 Supreme(SC) 666

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN, UDAY UMESH LALITState of Bihar – AppellantVersusBrahmaputra Infrastructure Limited – Respondent

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN, UDAY UMESH LALIT
State of Bihar – Appellant
Versus
Brahmaputra Infrastructure Limited – Respondent